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Sri Lankan asylum claims

Sri Lankan asylum claims

Permission has been granted by the Court of Appeal to challenge the outcome of the recent Country Guidance case on Sri Lanka, GJ and Others (post-civil war: returnees) Sri Lanka CG [2013] UKUT 00319 (IAC) (previous post: “New Sri Lankan Country Guidance“). A copy of the Order granting permission can be found here.

Interestingly, the preamble includes the following:

AND UPON the Court observing (i) that, there being no challenge to the finding that there is a risk of persecution in respect of individuals falling within the risk categories identified in paragraph 356(7) of al and others (post-civil war: returnees) Sri Lanka CG [20131 UKUT00319 (IAC), those falling within the said risk categories will still be assisted by the Country Guidance given in that case, but (ii) that, pending the final determination of this appeal or until further order, individuals who fall outside the said risk categories should not for that reason alone have their claims for asylum rejected, whether by the Respondent or on appeal to the First-tier Tribunal or the Upper Tribunal… [emphasis added]

It seems that the Upper Tribunal’s rather odd, defensive determination in KK (Application of GJ) Sri Lanka [2013] UKUT 512 (IAC) may have been a little premature.

Well done to the legal teams for the remaining appellants, Alasdair Mackenzie and Alison Pickup instructed by Birnberg Pierce for MP and Rudolph Spurling and Sara Anzani instructed by HK Solicitors for NT. Apparently an expedited hearing is anticipated in early 2014.

Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder and editor of the Free Movement immigration law website.

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